JUDGMENT :

Vivek Varma, J.

1. Present writ petition has been filed for quashing the order dated 10.9.2018 (Annexure 13 to this writ petition) passed by Basic Shiksha Adhikari, Bijnor i.e. respondent No. 4 whereby the services of the petitioner as an Assistant Teacher has been terminated. The petitioner also prayed for reinstatement and for payment of his salary on month to month basis and further to release his arrears of salary w.e.f. 13.3.2018 with interest.

2. In brief, an advertisement dated 12.12.2014 was placed in the news papers inviting applications for the post of Assistant Teachers in Primary Institutions. Petitioner having possessed Graduation degree and two years Bachelor Training Certificate (BTC) Course applied pursuant to the said advertisement. The petitioner was selected under General category and was accordingly issued appointment letter dated 28.6.2016 by the Basic Shiksha Adhikari, Bijnor. The petitioner joined as Assistant Teacher on 27.6.2018 at Primary Institution, Pittahedi, Block Kiratpur, District Bijnor. After completion of one year, the appointment was confirmed by the competent authority.

3. On 13.3.2018, petitioner was placed under suspension by the District basic Education Officer, Bijnor on the allegation that he had simultaneously pursued BTC course and M.Sc. First Year, as a regular student in the academic session 2014-15. The order of suspension was challenged by the petitioner before this Court being Civil Misc Writ Petition No. 12548 of 2018, which was dismissed on 24.5.2018 with the observation that the authority concerned shall conclude the departmental proceedings in accordance with law, within a period of three months from the date of production of certified copy of the order after considering the reply of the petitioner.

4. On 16.7.2018 a charge-sheet was issued to the petitioner which contained three charges. The first charge states that the petitioner had simultaneously pursued BTC course from District Education and Training Institute, Bijnor and M.Sc. (1st Year) from Vardhman College, Bijnor in the same year and thus has played fraud upon the department. The second charge is with regard to lowering the image of the department and third charge pertains to indiscipline and violation of Employee Discipline and Conduct Rules.

5. The petitioner submitted his reply that he had done the BTC Course in the academic session 2012-13, 2013-14 while the M.Sc. Course was undergone by him in the academic sessions 2014-15 and 2015-16, therefore, the academic sessions are different. He got the M.Sc. Degree cancelled, attention in this regard was drawn to the cancellation order dated 27.3.2018. It was categorically stated that he had not taken any benefit of M.Sc, degree in obtaining the appointment on the post of Assistant Teacher in Primary Institution. It was also submitted that even a perusal of his application form for appointment on the post of Assistant Teacher would reflect that he has not even mentioned his M.Sc. Qualification.

6. Thereafter, a letter dated 7.9.2018 was issued by Block Education Officer, Kiratpur seeking further reply on certain other issues, which was also replied by the petitioner. After completing the inquiry an inquiry report dated 10.9.2018 was submitted by the Block Development Officer to the District Basic Education Officer. Relying upon the said ex-parte inquiry report dated 10.9.2018, the services of the petitioner were terminated on the same day vide order dated 10.9.2018 passed by District Basic Education Officer, Bijnor. It is this order which is subject-matter of challenge before this Court.

7. Learned counsel for the petitioner has submitted that the aforesaid impugned order has been passed in violation of principles of natural justice inasmuch as before passing the order impugned, no opportunity of hearing of any kind whatsoever was afforded to the petitioner. He has not been provided any relevant documents including the copy of inquiry report, and he has also not bee